5i8o4' Reviewers Rcviewtd. 87 



to mahcy and who therefore conficier it as their main bnfiiiefs to 

 acquire j ami of those who are born to the pos.^esslon of a for- 

 tune, and trained up to the confouant habits of nijoymcnt^ 

 rather than to thole of acijuisition. Having tlius pcnted cut 

 the clafs of farmers from whom the greatelt exertions of activity 

 and enterprife, together with the moli minute attention to eco- 

 nomy in expence, are to be expe<^ed, he enters at lar^e into the 

 confideration of the proper n;.ture of the tenure of poffeflion, by 

 which an intereO: in the foil ought to be communicated to fuch 

 cultivators. The leafe is then amply confidered under three- 

 fold points of view, ift, Of the proper extent of its duration^ 

 to aflbrd fufiicient moral excitement, or rational inducement to 

 enter upon improvemeiits of expenfive outlay, and diftant re- 

 turn, which have hitherto been coniidered as confined folely to 

 the province of perpetual proprietors, but which Mr Findlater 

 thinks might be executed to much greater extent, at far lefs ex- 

 pence, and with moie judicious attention to valuable ufe, tho' 

 probably lefs to the purpofes of ornament, by farmers of tlie firft 

 dcfcription of chara6ler ; a poiition ill u ft rated by the effefls of 

 ieafes of 57 years, granted in the lordfliip of Neidpath. 2d, The 

 extent of property y in the right to the lease, which he 

 conliders ought to be ever devifeable., and completely alienable ; 

 .a maxim, it feems, diredly repugnant to the genius of Scotland, 

 which abfurdiy following the analogy of the poffeflion of lands 

 granted, in feudal times, for the purpofes of fighting, in the te- 

 nure of pOiTeffion granted for the purpofes of agricultural induf- 

 try, retains, to the landed proprietor, the righr of delectus per- 

 sona: in his tenant upon leai'e 5 refufing to the tenant the right of 

 its devifement or alienation, and confining the right of holdino- it 

 exclufive^y to his own perTon^ unlefs in the cafe of its being ex- 

 tended to extraordinary length, or of fpecial provifions to the 

 contrary^ being made in the claufes of the contraft. This m.axim, 

 reftricling the kafe to an untransferable right vefted in the per- 

 fon of the original receiver, is (hown to militate againft the free 

 outlay of capital, in fixing it, in improvements of the farm, to 

 the extent of the profpeit of return afforded by the duration of 

 tne leafe ; and equally againft the credit the tenant m.ight other- 

 wife have obtained for other capitals ; cramping, in this way, 

 both his outlay and his credit, in the fame manner as is pro- 

 duced by entail, in regard to landed proprietors holding proper- 

 ties under its reftriclion. 3d, The propriety of restricted or 

 unrestricted munagemefit ; in which it feems evidently t.^ be 

 made appear that the dire6l effed of prefcribed management, 

 is to prevent all further iu;provement ; that, in conceding 

 free power of management, the interefts of both landlord and 

 tenant are equally confulted, as such inevitably coincide for 



F 4 the 



